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To get an information regarding partition of land of grandfather
17-Aug-2023 (In Family Law)
Hi Sir , , I would like to know how the partition on Grandfather's property be done. My father is the eldest one have 4 sister and 3 brother the partition of land is not done yet .Now the problem is that they are saying new rules has been introduce by the government for partition i.e. avoid 1 (i.e. my father) and rest 7 get land on the their name. is their any rules like that ? Still the property owner is my Grandfather and the elder brother is constructing home in his area . can he build home without the partition ? What all legal step should I take to get partition? Please give me feedback as soon as possible.
No he can't do so. You should file a partition suit for claiming your share as soon as possible and file an application for interim relief as well restraining others to sale, alienate or deal with the property in any manner. I have not come across any such rules.
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Adv. Amresh Anand
Delhi | 25+ Answers
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No such rule. Your uncle can build property. If you wish to stop him then you have to approach court. Sooner you do better it is. Your father can not be deprived of his right in the property. Act fast.
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Adv. Charu Mathur
Delhi | 25+ Answers
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You can file a suit for Partition of Property.
In a suit for partition, at the first stage, the court decides whether the plaintiff has a share in the suit property and is entitled to division and separate possession.
This position is exercise of judicial function and results in a decree under Order XX Rule 18(1) termed as preliminary decree under Order XX Rule 18(2) of CPC.
The decree is termed a preliminary decree when further proceedings have to be taken before the suit can be completely disposed of. It is a final decree when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
If the court can conveniently and without further enquiry, make the division without assistance of the commissioner or upon agreement of the parties or where the parties agree upon the manner of division, the court can pass a composite decree comprising the preliminary decree declaring the rights of several parties as well as the final decree dividing the properties by metes and bounds in regard to immoveable properties. Contact me for further details.
In a suit for partition, at the first stage, the court decides whether the plaintiff has a share in the suit property and is entitled to division and separate possession.
This position is exercise of judicial function and results in a decree under Order XX Rule 18(1) termed as preliminary decree under Order XX Rule 18(2) of CPC.
The decree is termed a preliminary decree when further proceedings have to be taken before the suit can be completely disposed of. It is a final decree when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
If the court can conveniently and without further enquiry, make the division without assistance of the commissioner or upon agreement of the parties or where the parties agree upon the manner of division, the court can pass a composite decree comprising the preliminary decree declaring the rights of several parties as well as the final decree dividing the properties by metes and bounds in regard to immoveable properties. Contact me for further details.
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